ChatterBank1 min ago
personal licence application
2 Answers
I applied for a personal licence in 2007 and passed my NCPLH exam. But I did not put in my application for a personal licence because I have a criminal record from 2005. Will I be able to get a personal licence?
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Eddie is (unusually) wrong.
You're only barred from holding a personal licence if your conviction is:
(a) for a 'relevant offence' (as specified in the Licensing Act 2003, as amended) ; AND
(b) not yet 'spent' under the provisions of the Rehabilitation of Offenders Act 1974. (Section 114 of the Licensing Act 2003 specifically states that 'spent' convictions must be disregarded when considering applications for a personal licence).
You've told us that your conviction was in 2005 (and I'm assuming that it was for a 'relevant offence', otherwise you could have obtained your personal licence at any time). But you've not stated the penalty which was imposed by the court. That's relevant because it determines the period of time which must pass before a conviction can become 'spent'. If your punishment was a non-custodial one (or you were under 18 on the date of your conviction) the conviction is now 'spent' and presents no bar to you holding a personal licence:
http://www.lawonthewe...tion_of_Offenders_Act
Chris
You're only barred from holding a personal licence if your conviction is:
(a) for a 'relevant offence' (as specified in the Licensing Act 2003, as amended) ; AND
(b) not yet 'spent' under the provisions of the Rehabilitation of Offenders Act 1974. (Section 114 of the Licensing Act 2003 specifically states that 'spent' convictions must be disregarded when considering applications for a personal licence).
You've told us that your conviction was in 2005 (and I'm assuming that it was for a 'relevant offence', otherwise you could have obtained your personal licence at any time). But you've not stated the penalty which was imposed by the court. That's relevant because it determines the period of time which must pass before a conviction can become 'spent'. If your punishment was a non-custodial one (or you were under 18 on the date of your conviction) the conviction is now 'spent' and presents no bar to you holding a personal licence:
http://www.lawonthewe...tion_of_Offenders_Act
Chris
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